Education Blog

Trustee Blackburn to his opponent: So where do you live?

Accused by an opponent of not living where he says he lives, District 5 DISD Trustee Lew Blackburn has responded with his own accusations.

In a lengthy letter to opponent Daphene Edmond, Blackburn lists two property addresses he says are associated with Edmond and asks her: “Which is your residence?”

The letter comes after Edmond accused Blackburn of violating policy on living in the district he represents, and asked DISD to check into his residency. See my story today on the allegations.

Here is Blackburn’s full and unedited response to Edmond, followed by a copy of Edmond’s letter to DISD about his residency:

Daphene,
Thank you for your interest in Dallas ISD, and in particular District 5. As the trustee representing District 5, I too have a great interest in portion of the district. You may recall that you called on me for help, and we worked together when your child, along with other students had concerns about A. Maceo Smith High School.

As a dedicated citizen of District 5, I can appreciate your concern about my residential status. I invite you to come to me with your concerns about me. Instead of listening to others, come to me. I have nothing to hide from my constituents in District 5, where you reside at 3140 Dahlia Dr., Dallas, TX 75216-7702, owned by you and Dooley Elzie, III, although you are also listed as the owner of property at 4207 Willow Springs Ln., Dallas, Texas 75215, in South Dallas. Which is your residence?

You are correct in listing the address as 2130 Lanark Ave., Dallas, TX 75203, where I grew up as a child. It is the house my mother left to me and my siblings upon her passing 12 years ago. It is my home, as I was her caretaker during her last years. My siblings have homes in other parts of the city. It doesn’t where my daughter lives, as this matter does not concern her residence, but mine, your elected official, representing you and others in District 5 on the Dallas ISD Board of Trustees. You will also find that I own several other properties in Dallas, Fort Worth, East Texas, and Arkansas. Where would you say is my residence?

Daphene, it is not the responsibility of the administration of Dallas ISD to investigate my residence. That would be your responsibility to determine that. Regardless of the properties my wife and I own jointly and separately, the law requires that the elected official (and candidate) live in the district.

Allow me to assist you in your quest of the law.

As indicated in Dallas ISD policy BBA (legal), attached for your review, “To be eligible to be a candidate for, or elected or appointed to, the office of school board Trustee, a person must: Be a resident of Texas and the territory from which the office is elected for the period of time described at CANDIDATE*S RESIDENCY TERM, below. Tex. Const. Art. XVI, Sec. 14″. It also indicates, “A candidate for Trustee representing a single-member district must be a resident of the Trustee district he or she seeks to represent. Education Code 11.052(g)”

Further, it states, “All persons elected shall reside and have their permanent place of residence within the Trustee district from which elected.” Still, it indicates, “”Residence” shall mean domicile, ones home and fixed place of habitation to which one intends to return after any temporary absence; one does not lose ones residence status by leaving to go to another place for temporary purposes only. A person does not acquire a residence in a place to which the person has come for temporary purposes only and without the intention of making that place the person’s home. Residence shall be determined in accordance with the common-law rules, as enunciated by the courts of this state, except as otherwise provided by the Election Code. Election Code 1.015″

For your review, the Election Code Sec. 1.015 indicates: “RESIDENCE.

(a) In this code, “residence” means domicile, that is, one’s home and fixed place of habitation to which one intends to return after any temporary absence.

(b) Residence shall be determined in accordance with the common-law rules, as enunciated by the courts of this state, except as otherwise provided by this code.

(c) A person does not lose the person’s residence by leaving the person’s home to go to another place for temporary purposes only.

(d) A person does not acquire a residence in a place to which the person has come for temporary purposes only and without the intention of making that place the person’s home.

(e) A person who is an inmate in a penal institution or who is an involuntary inmate in a hospital or eleemosynary institution does not, while an inmate, acquire residence at the place where the institution is located.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 4, eff. Sept. 1, 1997.”

You may find Election Code Sec. 1.015 online at http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.1.htm#1.015.

To further assist you in your research, I have attached Election Law Opinion GSC -1 for your review as well. On page 6, you will find, “Evidence of intent to establish domicile may include, but is not limited to, such factors as where a person “exercises civil and political rights, pays taxes, owns real and personal property, has driver’s and other licenses, maintains bank accounts, belongs to clubs and churches, has places of business or employment, and maintains a home for his family.” Coury v. Prot, 85 F.3d 244, 251 (5th Cir. 1996).”

As you continue your search, you will find that I exercise my civil and political rights from 2130 Lanark Ave. I pay taxes for 2130 Lanark Ave. I own 2130 Lanark Ave. My Texas drivers license, bank accounts, other financial, and personal accounts list my address as 2130 Lanark Ave. I maintain a home for my family at 2130 Lanark Ave. I am sure you can substantiate the same for your residence at 3140 Dahlia Dr.

Daphene, during the Dallas Breakfast Group candidate form last week, you indicated I was doing a great job. I invite you to visit with me, and my lovely wife, Donna, at 2130 Lanark Ave. We can share thoughts about Dallas ISD, and in particular, District 5, and how I can provide even greater benefit for you and other constituents in District 5. Contact me at my residence number, 214-948-6022. I look forward to hearing from you soon.

The district’s mission is to prepare all students to graduate with the knowledge and skills to become productive and responsible citizens.
>>> “Daphene-Smart Price Travel” 04/06/10 11:12 PM >>>
Mr. Deno Harris
Director, Board Services
Dallas Independent School District

Dear Mr. Harris

As a candidate for the District 5 Board of Trustees I have a concern regarding Board Members Eligibility/Qualifications in particular the residential status of Trustee Lew Blackburn. Lew Blackburn lists his home address as 2130 Lanark Ave. Dallas, Tx. 75203. It has come to my attention that Mr. Blackburn does own this residence but there is a possibilty that 2130 Lanark Ave. is not his permanent place of residence. In fact, if my sources are correct Mr. Blackburn’s daughter is the current resident of 2130 Lanark. Mr. Blackburn is newly married to Mrs. Donna Freeling Blackburn who resides at 2459 Waterside Dr. Grand Prairie Tx. 75054. Does Mr.Blackburn reside in Grand Prairie with his new bride? I doubt very seriously that the newlyweds are residing at separate residents.

BBA (LEGAL) – C & BBC (LEGAL) – D clearly defines residency term, residence and nonresident. I believe that Mr. Blackburn is in violation as a sitting board member for District 5 and as a candidate for the May 8th election. I am requesting that the permanent residential status of Mr. Blackburn be verified to determine if Mr. Blackburn is in violation of DISD policy. Time is of essence therefore; your immediate attention to this matter would be appreciated. I am requesting that I receive a written response to my concerns in a timely manner.